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Civil Penalties
With a few exceptions, most violations of RCRA’s hazardous waste regulations carry a civil penalty of up to $37,500 per day per violation and the possible suspension or revocation of the violator’s permit.
Criminal Penalties
Knowing violations of hazardous waste rules can result in fines of up to $50,000 per day per violation and up to 5 years’ imprisonment. Fines and prison time can be doubled for second convictions. If someone knows at that time that his or her actions place another person in imminent danger of death or serious bodily injury, the potential fine is up to $250,000 and/or up to 15 years’ imprisonment. Defendant organizations are subject to a fine of up to $1 million.
What Went Wrong and the Fines
EPA’s EAB recently upheld the ruling by one of EPA’s Administrative Law Judges in a case where a chemical blending and distribution facility in Virginia was fined a civil penalty of $612,388 for hazardous waste violations. The violations had to do with an underground tank at the facility, referred to as the “pit tank,’ that was determined to be a hazardous waste storage tank; a leaking 55-gallon drum of sodium hydrosulfide at the facility that the owners claimed was a useful product and not a solid waste; and the failure to make hazardous waste determinations for materials in the pit tank and for certain aerosol paint cans observed at the facility.
While the gravity-based fines for each of the seven counts in the case totaled under $66,000, the penalties were compounded for such factors as multiple days of violation, economic benefit, and a history of noncompliance.
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First Violation
What went wrong? The first violation was owning and operating a hazardous waste storage facility without a permit. The hazardous waste stored at the facility consisted of a 55-gallon drum of waste sodium hydrosulfide; pit sludge containing trichloroethylene and tetrachloroethylene; and pit water containing chloroform.
The fine. A base fine of $8,382 was compounded by a multiday component of $68,647.28, for a total penalty of $77,029.28.
Second Violation
What went wrong? The second violation was for failure to make hazardous waste determinations specifically for the pit water, pit sludge, and discarded aerosol paint cans generated, treated, stored, or disposed of at the facility.
The fine. A base penalty of $12,250 was assessed. This was increased by 10% for the “history of noncompliance,’ 10% for the “lack of good faith,’ and 5% for “other unique factors,’ for a total increase of 25%, for a total penalty of $15,312.50.
Third Violation
What went wrong? The third count was for failure to have the requisite secondary containment for the pit. Secondary containment for hazardous waste tanks must include an external liner, a vault, a double-walled tank, an equivalent device approved by the EPA, or a combination of these. Each form of secondary containment must meet design and performance standards.
The fine. A base fine of $8,382 was compounded by a multiday component of $69,094 and an economic-benefit component of $18,150, for a total penalty of $95,626.
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Fourth Violation
What went wrong? The fourth violation was not obtaining and/or keeping on file at its facility written certification as to the design and installation of the pit.
The fine. A fine of $8,382 was assessed for this count, plus a multiday component of $69,094, and an economic-benefit component of $3,025, for a total penalty of $80,501.
Fifth Violation
What went wrong? The fifth violation was failing to inspect or document inspections of the pit and surrounding area, including any secondary containment structures.
The fine. The fine was $8,382, plus a multiday component of $69,094, for a total penalty of $77,476.
Sixth Violation
What went wrong? The sixth violation was failure to control air pollutant emissions from the pit.
The fine. The base fine was $12,250. Added to that were a multiday component of $179,000 and an economic-benefit component of $6,050, for a total penalty of $197,300.
Seventh Violation
What went wrong? The seventh violation was for failure to have a closure plan and comply with the tank closure requirements in regard to its closure and removal of the pit.
The fine. A base fine of $8,382 was increased by a multiday component of $69,094, for a total penalty of $77,476.